A General Assembly United Nations Resolution adopted by the General Assembly

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United Nations
General Assembly
A/RES/55/63
Distr.: General
22 January 2001
Fifty-fifth session
Agenda item 105
Resolution adopted by the General Assembly
[on the report of the Third Committee (A/55/593)]
55/63.
Combating the criminal misuse of information
technologies
The General Assembly,
Recalling the United Nations Millennium Declaration,1 in which Member
States resolved to ensure that the benefits of new technologies, especially
information and communication technologies, in conformity with recommendations
contained in the Ministerial Declaration of the high-level segment of the substantive
session of 2000 of the Economic and Social Council,2 are available to all,
Recalling also its resolution 45/121 of 14 December 1990, in which it
endorsed the recommendations of the Eighth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders,3 and noting in particular the
resolution on computer-related crimes,4 in which the Eighth Congress called upon
States to intensify their efforts to combat computer-related abuses more effectively,
Emphasizing the contributions that the United Nations, in particular the
Commission on Crime Prevention and Criminal Justice, can make in the promotion
of more efficient and effective law enforcement and administration of justice and of
the highest standards of fairness and human dignity,
Recognizing that the free flow of information can promote economic and
social development, education and democratic governance,
Noting significant advancements in the development and application of
information technologies and means of telecommunication,
Expressing concern that technological advancements have created new
possibilities for criminal activity, in particular the criminal misuse of information
technologies,
1
See resolution 55/2.
See A/55/3, chap. III. For the final text, see Official Records of the General Assembly, Fifty-fifth Session,
Supplement No. 3.
3
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana,
27 August–7 September 1990: report prepared by the Secretariat (United Nations publication, Sales
No. E.91.IV.2), chap I.
4
Ibid., sect. C, resolution 9.
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A/RES/55/63
Noting that reliance on information technologies, while it may vary from State
to State, has resulted in a substantial increase in global cooperation and
coordination, with the result that the criminal misuse of information technologies
may have a grave impact on all States,
Recognizing that gaps in the access to and use of information technologies by
States can diminish the effectiveness of international cooperation in combating the
criminal misuse of information technologies, and noting the need to facilitate the
transfer of information technologies, in particular to developing countries,
Noting the necessity of preventing the criminal misuse of information
technologies,
Recognizing the need for cooperation between States and private industry in
combating the criminal misuse of information technologies,
Underlining the need for enhanced coordination and cooperation among States
in combating the criminal misuse of information technologies, and, in this context,
stressing the role that can be played by both the United Nations and regional
organizations,
Welcoming the work of the Tenth United Nations Congress on the Prevention
of Crime and the Treatment of Offenders,5
Noting the work of the Committee of Experts on Crime in Cyberspace of the
Council of Europe on a draft convention on cybercrime, the principles agreed to by
the Ministers of Justice and the Interior of the Group of Eight in Washington, D.C.,
on 10 December 1997, which were endorsed by the heads of State of the Group of
Eight in Birmingham, United Kingdom of Great Britain and Northern Ireland, on
17 May 1998, the work of the Conference of the Group of Eight on a dialogue
between government and industry on safety and confidence in cyberspace, held in
Paris from 15 to 17 May 2000, and the recommendations approved on 3 March 2000
by the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of
the Americas, convened in San José, Costa Rica, from 1 to 3 March 2000 within the
framework of the Organization of American States,6
1.
Notes with appreciation the efforts of the above-mentioned bodies to
prevent the criminal misuse of information technologies, and also notes the value of,
inter alia, the following measures to combat such misuse:
(a) States should ensure that their laws and practice eliminate safe havens for
those who criminally misuse information technologies;
(b) Law enforcement cooperation in the investigation and prosecution of
international cases of criminal misuse of information technologies should be
coordinated among all concerned States;
(c) Information should be exchanged between States regarding the problems
that they face in combating the criminal misuse of information technologies;
(d) Law enforcement personnel should be trained and equipped to address
the criminal misuse of information technologies;
5
See Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Vienna,
10–17 April 2000: report prepared by the Secretariat (United Nations publication, Sales No. E.00.IV.8).
6
See REMJA-III/doc.14/00 rev. 2, chap. IV.
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(e) Legal systems should protect the confidentiality, integrity and
availability of data and computer systems from unauthorized impairment and ensure
that criminal abuse is penalized;
(f) Legal systems should permit the preservation of and quick access to
electronic data pertaining to particular criminal investigations;
(g) Mutual assistance regimes should ensure the timely investigation of the
criminal misuse of information technologies and the timely gathering and exchange
of evidence in such cases;
(h) The general public should be made aware of the need to prevent and
combat the criminal misuse of information technologies;
(i) To the extent practicable, information technologies should be designed to
help to prevent and detect criminal misuse, trace criminals and collect evidence;
(j) The fight against the criminal misuse of information technologies
requires the development of solutions taking into account both the protection of
individual freedoms and privacy and the preservation of the capacity of
Governments to fight such criminal misuse;
2.
Invites States to take into account the above-mentioned measures in their
efforts to combat the criminal misuse of information technologies;
3.
Decides to maintain the question of the criminal misuse of information
technologies on the agenda of its fifty-sixth session, as part of the item entitled
“Crime prevention and criminal justice”.
81st plenary meeting
4 December 2000
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